Legal Question in Wills and Trusts in Texas
What ensures a Living Trust ''Trustee'' will follow the instructions of a Trust
My Mother passed away about a week ago. Years back my mother had made a Living Trust with my sister as the Trustee. A few years ago my mother made an Amendment to her Trust giving my Sister nothing and naming me as receiving everything. My mother felt strongly about my sister not receiving anything. (Long story). My mother used an attorney to draw up both the trust and the amendment, the problem is my sister is still the Trustee and I am to receive everything. My sister has a history of stealing from family. How can I ensure my sister follows the instructions in the Trust? What (other than going to court and spending a lot of money in the process) legally ensures the Trust is followed? Can the assets be frozen in order to keep my sister from using the estates funds to fund an attorney, or for anything else for that matter?
1 Answer from Attorneys
Re: What ensures a Living Trust ''Trustee'' will follow the instructions of a Trust
You should contact an attorney immediately to protect your interests and have him/her review the trust and its amendment. This is a technically tough issue that warrants legal expertise. The attorney may agree to delay the fee until the estate is settled. Timing is important and your interests need to be protected. Please don't be penny wise and pound foolish.
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